Amendment to the Working Conditions Act: employee participation becomes mandatory and verifiable
For employers, this is not an entirely new obligation, but it does mark a clear tightening of the existing rules.
What is changing?
The key points of the amendment to the law are as follows:
1. From collaboration to consultation
Employers are not only required to cooperate, but must now also actively engage in dialogue with the works council (WC) or employee representative body (PVT) on health and safety policy. If these bodies do not exist, they must consult directly with the employees themselves. This goes beyond simply providing information. It must involve genuine consultation in which the works council or staff representatives are able to advise the employer and put forward proposals.
2. Clear topics for discussion
Employers are required to consult with employees on key aspects of the health and safety policy, such as the appointment of company emergency response team members, the risk inventory & evaluation (RI&E), the organisation of expert support (prevention officers), engagement of the occupational health and safety service, and the provision of effective information and instruction to employees regarding their work and the associated risks. This will make the consultation process more concrete and better focused on practical issues.
3. Verifiable and enforceable
Employers must be able to demonstrate that they have consulted with their employees. Under the new rules, a works council or employee representative body may ask the Labour Authority to intervene if they are bypassed.
What does this mean for you as an employer?
Most importantly, the legislative amendment requires a different way of working: less informal and better organised.
1. Demonstrating involvement
You must be able to demonstrate that the works council or PVT has been consulted, including when this took place and what actions were taken in response to their input. Informal discussions are no longer sufficient. Make sure to document the process so that you can prove that consultations took place and what was discussed.
2. Involvement in decision-making at an early stage
Consultation takes place before decisions are made, for example when drawing up or amending the RI&E, the action plan or engagement of occupational health and safety services. Check your RI&E. Is it still up to date? This is one of the mandatory topics.
3. Structural organisation
Employee involvement must be an integral part of your working methods, for example through regular consultation meetings and clearly defined responsibilities.
4. Even without a works council or employee representative body
If you do not have a formal employee participation process, then you will need to involve employees directly in your health and safety policy.
5. Be prepared for enforcement
Since the Labour Authority has the power to enforce compliance, it is important for you to document the process and make it transparent.
How can HumanCapitalCare help you?
HumanCapitalCare is happy to assist you in organising effective employee participation in your health and safety policy, ensuring that it is properly documented. This could involve, for example, setting up a regular consultation process regarding the RI&E and the action plan, or further refining certain aspects of your health and safety policy. This will ensure your compliance with the law and strengthen your approach to prevention and sustainable employability.